Introduction Flashcards
(17 cards)
What is the definition of Jurisprudence?
Jurisprudence has no universal definition as it reflects different ideologies and notions across societies.
What does the term Jurisprudence derive from?
The term Jurisprudence derives from the Latin word ‘Jurisprudentia’, meaning Knowledge of Law or Skills in Law.
Who is known as the father of Jurisprudence?
Jeremy Bentham is known as the father of Jurisprudence.
What are the two parts Bentham divided his study of law into?
- Examination of Law as it is - Expositorial Approach
- Examination of Law as it ought to be - Censorial Approach
What was Austin’s view on law?
Austin viewed law as the command of the Sovereign.
How did J. Stone define Jurisprudence?
J. Stone defined Jurisprudence as a lawyer’s examination of the precepts, ideas, and techniques of law in light of present knowledge from other disciplines.
According to John Austin, what does the Science of Jurisprudence concern?
The Science of Jurisprudence is concerned with Positive Laws, which are laws strictly so called.
What are the two aspects of the nature and scope of Jurisprudence?
- General Jurisprudence - common subjects or ends of law
- Particular Jurisprudence - the science of any actual system of law or any portion of it
What is Salmond’s criticism of Austin’s definition?
Salmond criticized that a concept should be common in various systems of law to fall under General Jurisprudence, which is not always true.
How did Holland define Jurisprudence?
Holland defined Jurisprudence as the formal science of positive laws, focusing on analytical rather than material science.
What does ‘Positive Law’ refer to according to Holland?
Positive Law refers to the general rule of external human action enforced by a sovereign political authority.
What is the distinction between formal and material science in Jurisprudence?
Formal science deals only with the purposes, methods, and ideas of the legal system, while material science deals with the concrete details of law.
What are the two parts into which Salmond divided Jurisprudence?
- Generic - the entire body of legal doctrines
- Specific - further divided into Analytical, Historical, and Ethical
According to Keeton, what is Jurisprudence?
Jurisprudence is the study and systematic arrangement of the general principles of law.
How does Dean Roscoe Pound define Jurisprudence?
Pound defines Jurisprudence as the science of law, denoting the body of principles recognized or enforced by public tribunals in the Administration of Justice.
According to Dias and Hughes, what is Jurisprudence?
Jurisprudence is any thought or writing about law rather than a technical exposition of a branch of law itself.
Fill in the blank: Jurisprudence is the study of _______.
[fundamental legal principles]
